ABA Says Unlawful Jury Selection Bias Not ‘Legitimate Advocacy’

Peremptory juror challenges that constitute unlawful discrimination violate the American Bar Association model ethics rules even if a client orders that such challenges be made, the ABA says in a new ethics opinion.

But lawyers facing such quandaries don’t violate ABA ethics rule 8.4(g) when they exercise peremptory challenges to prospective jurors on a discriminatory basis when not forbidden by other law.

Courts have allowed lawyers to use peremptory challenges based on a prospective juror’s age, marital status, and other factors, the ABA opinion says.

But lawyers must not follow a client’s directive, a jury consultant’s advice, or artificial intelligence ...